The Short Answer

It depends on what kind of settlement it is and who it is payable to. In Florida, many death-related recoveries are paid to survivors (or handled through a wrongful death estate claim) and may not function like a typical “probate asset,” but the details of the release, payee, and allocation can create probate and creditor issues. For a home owned with someone else, Florida law generally allows a co-owner to seek a court-ordered partition (division or sale) when the owners cannot agree.

What Florida Law Says

Two separate legal tracks often collide after a death: (1) how money is legally owned/paid (estate vs. survivors), and (2) how real property is handled when multiple people own it and disagree. Even when funds are “connected” to a death, they are not automatically treated as ordinary probate property, and a co-owned home is not automatically “controlled” by one heir or one family member.

The Statute

The primary law governing co-ownership disputes over real property is Fla. Stat. § 64.031.

This statute establishes that a partition action may be filed by one or more co-owners (such as joint tenants or tenants in common) against other co-owners to have the property divided (or, when division is not practical, addressed through a court-supervised sale process).

In a probate context, Florida also specifically authorizes partition to help distribute estate property when beneficiaries would otherwise receive undivided interests: Fla. Stat. § 733.814.

If your question is really about whether a death-related settlement is “probate money,” the answer often turns on how the claim is structured and who the check is made payable to. That is why it is important to have counsel review the settlement documents and proposed distribution. For related reading, see Should I Cash or Deposit a Settlement (Distribution) Check From an Estate in Florida?.

For co-ownership disputes, you may also find these helpful: Can a Co-Owner Sell a Property Without the Other Owner’s Consent in Florida? and Can a Co-Owner Be Forced to Move Out During a Partition Case in Florida?.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to your situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate and civil property disputes can involve court deadlines and timing issues that affect leverage and even whether a claim can proceed.
• Burden of Proof: Settlement ownership and allocation can require documentation (release language, payee designation, court approvals, lien/claim resolution) that determines whether funds are treated like estate property or paid outside the estate.
• Exceptions: Co-owned homes may involve homestead issues, title nuances (joint tenancy vs. tenancy in common), or probate distribution rules that change the available remedies and the best strategy.

Trying to handle these issues without counsel can lead to avoidable disputes, delayed distributions, or court orders that are difficult to undo.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.